Mrs. Clinton (for
herself, Mr. Lieberman, and
Mr. Bayh) introduced the following bill;
which was read twice and referred to the Committee on Commerce, Science, and
Transportation

A BILL

To limit the exposure of children to violent video
games.

1.

Short
title

This Act may be cited as
the Family Entertainment Protection
Act.

2.

Findings

Congress finds the following:

(1)

Research shows
that exposure to video games, television, movies, and other forms of media has
powerful effects on the development of children and adolescents and that such
effects can be positive or negative depending on the nature and content of the
media.

(2)

Experimental
research and longitudinal research conducted over the course of decades shows
that exposure to higher levels of violence on television, in movies, and in
other forms of media in adolescence causes people in the short-term and, after
repeated exposure, even years later to exhibit higher levels of violent
thoughts, anti-social and aggressive behavior, fear, anxiety, and hostility,
and desensitization to the pain and suffering of others.

(3)

This evidence is
so strong, it has been replicated in so many populations, and it draws on such
diverse methodologies that a 2003 comprehensive review of the literature
concluded the scientific debate over whether media violence increases
aggression and violence is essentially over and 6 major medical and
public health organizations, including the American Medical Association and the
American Psychological Association, issued a Joint Statement to Congress in
2000 stating that research points overwhelmingly to a causal connection
between media violence and aggressive behavior.

(4)

New research
shows that exposure to violent video games causes similar effects as does
exposure to violence in other media, including increased levels of aggression
in both the short-term and long-term, and research shows that the uniquely
interactive, engaging nature of video games may be especially powerful in
shaping children’s thoughts, feelings, and behaviors.

(5)

Research shows
that children are more likely to imitate the actions of a character with whom
they identify, and in violent video games the player is often provided with a
behavioral script where he or she takes the point of view of the shooter or
perpetrator.

(6)

Research shows
that children are more likely to learn from behaviors that they repeat over and
over again and behaviors that they are rewarded for taking, and in most video
games, surveys show, players repeat actions over and over again, aggression
goes unpunished, and perpetrators are rewarded for taking aggressive
action

(7)

The video game
industry, through the Entertainment Software Ratings Board, has created a
system of self-regulation, and a system to provide information to parents about
the nature and content of video games.

(8)

The Entertainment
Software Ratings Board has determined that certain video games contain intense
violence and explicit sexual content that makes them inappropriate for minors,
and has rated these games Mature and Adults-Only.

(9)

Research shows
that children whose parents monitor and control their access to violent media
are less likely to demonstrate the negative effects of such media.

(10)

Parents rely on
the Entertainment Software Ratings Board ratings system to protect their
children from inappropriate material yet, numerous studies have demonstrated
that young people can access Mature-rated games with relative ease.

(11)

There is a need
to enact legislation to ensure that the ratings system is meaningful.

3.

Definitions

In this Act, the following definitions shall
apply:

(1)

Business

The
term business means any ongoing lawful activity that is
conducted—

(A)

primarily for the
purchase, sale, lease, or rental of personal or real property, or for the
manufacture, processing, or marketing of products, commodities, or any other
personal property; or

(B)

primarily for the
sale of services to the public.

(2)

Commission

The
term Commission means the Federal Trade Commission.

(3)

Entertainment
Software Ratings Board

The term Entertainment Software
Ratings Board means the independent rating system, or any successor
ratings system—

(A)

established by
the Interactive Digital Software Association; and

(B)

developed to
provide information to consumers regarding the content of video and computer
games.

(4)

Video
game

The term video game means an electronic
object or device that—

(A)

stores recorded
data or instructions;

(B)

receives data or
instructions generated by the person who uses it; and

(C)

by processing
such data or instructions, creates an interactive game capable of being played,
viewed, or experienced on or through a computer, gaming system, console, or
other technology.

4.

Prohibition on
sale of violent video games to minors

(a)

In
general

No business shall
sell or rent, or permit the sale or rental of any video game with a Mature,
Adults-Only, or Ratings Pending rating from the Entertainment Software Ratings
Board to any individual who has not attained the age of 17 years.

(b)

Affirmative
defenses

(1)

In
general

It shall be a defense to any prosecution for a violation
of the prohibition under subsection (a) that a business—

(A)

was shown an
identification document, which the business reasonably believed to be valid,
indicating that the individual purchasing or renting the video game had
attained the age of 17 years or older; or

(B)

had an
established ratings enforcement policy—

(i)

as
evidenced by—

(I)

cash register
prompts reminding employees of that business to check for identification
stating that a customer is of an appropriate age to purchase or rent a video
game, or an established video game age identification training program for
employees of that business;

(II)

clear labels
indicating the rating on each video game sold or rented by that business;
and

(III)

signs on the
wall of the business property explaining, in simple, easy-to-understand
language, the ratings enforcement policy of that business; or

(ii)

as
evidenced by an online age verification system, in the case of online
sales.

(2)

Limitation

If
a business is found to repeatedly violate the prohibition in subsection (a)
despite the adoption by such business of an established ratings policy as
described in paragraph (1)(B), such business shall be prohibited in any
prosecution for a violation of this section from using any of the defenses
listed in subsection (b).

(c)

Penalty

The
manager or agent of the manager acting in a managerial capacity of a business
found to be in violation of the prohibition under subsection (a) shall be
subject to a civil penalty, community service, or both not to exceed—

(1)

$1,000 or 100
hours of community service for the first violation; and

(2)

$5,000 or 500
hours of community service for each subsequent violation.

5.

Annual analysis
to prevent ratings slippage

(a)

In
general

The Commission shall
contract with an organization with expertise in evaluating video game content
and that has no financial or personal interest, connection, or tie with the
video game industry, to determine, in a written report, on an annual basis,
whether the ratings established by the Entertainment Software Ratings Board
remain consistent and reliable over time.

The
Commission shall conduct, and make public the results of, an annual secret
audit of businesses to determine how frequently minors who attempt to purchase
video games with a Mature, Adults-Only, or Rating Pending rating are able to do
so successfully.

7.

Authority to
investigate misleading ratings

(a)

In
general

The Commission shall conduct, to the extent practicable,
an investigation into embedded content in video games that can be accessed
through a keystroke combination, pass-code, or other technological means to
estimate—

(1)

what proportion
of video games contain embedded content that is inconsistent with the rating
given to such games, and what proportion of the domestic market such games
represent;

(2)

what proportion
of video games containing embedded content that is inconsistent with the rating
given to such games are known to the video game manufacturer at the time of the
commercial release of the game to contain embedded content, and what proportion
of the domestic market such games represent; and

(3)

whether video
game manufacturers have the capacity to ensure that video games do not contain
embedded content that is inconsistent with the ratings given to such
games.

(b)

Sense of
Congress

It is the sense of Congress that whenever the Commission
determines that the content of a video game, either immediately accessible or
embedded but accessible through a keystroke combination, pass-code, or other
technological means, is inconsistent with the rating given to such game, the
Commission shall take appropriate action under its authority to regulate unfair
or deceptive acts or practices in or affecting commerce as authorized under
section 5 of the Federal Trade Commission Act (15 U.S.C. 45).

(c)

Timing of
report

Not later than 1 year after the date of enactment of this
Act, the Commission shall report to Congress the findings of its investigation
under subsection (a).

8.

Authority to
register complaints

(a)

In
general

The Bureau of Consumer Protection of the Federal Trade
Commission shall ensure that consumers can file complaints alleging that
content-descriptions or labels on a video game are misleading or deceptive
using the same Commission Consumer Complaint procedure by which the Bureau of
Consumer Protection accepts complaints concerning other forms of unfair,
deceptive, or fraudulent advertising, including through an easily accessible
online filing system.

(b)

Report to
Congress

The Bureau of Consumer Protection shall tabulate and
report to Congress, on an annual basis, the number of complaints under
subsection (a) levied against each video game manufacturer and business.

9.

Effective
Date

This Act shall become
effective 120 days after the date of enactment of this Act.